Full Text of SB0675 100th General Assembly
SB0675eng 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | Sections 1-118, 6-201, and 6-401 as follows:
| 6 | | (625 ILCS 5/1-118) (from Ch. 95 1/2, par. 1-118)
| 7 | | Sec. 1-118. Essential parts. All integral and body parts of | 8 | | a vehicle
of a type required to be registered hereunder, the | 9 | | removal, alteration or
substitution of which would tend to | 10 | | conceal the identity of the vehicle or
substantially alter its | 11 | | appearance, model, type or mode of operation.
"Essential parts" | 12 | | includes the following: vehicle hulks, shells, chassis,
| 13 | | frames, front end assemblies (which may consist of headlight, | 14 | | grill,
fenders and hood), front clip (front end assembly with | 15 | | cowl attached), rear
clip (which may consist of quarter panels, | 16 | | fenders, floor and top), doors,
hatchbacks, fenders, cabs, cab | 17 | | clips, cowls, hoods, trunk lids, deck lids, bed, front bumper, | 18 | | rear bumper,
T-tops, sunroofs, moon roofs, astro roofs, | 19 | | transmissions of vehicles of the
second division , seats, | 20 | | aluminum wheels, engines and similar parts.
Essential parts | 21 | | also includes fairings, fuel tanks, and forks of motorcycles. | 22 | | Essential parts shall also include stereo radios , cassette | 23 | | radios, compact
disc radios, cassette/compact disc radios and |
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| 1 | | compact disc players and
compact disc changers which are either | 2 | | installed in dash or trunk-mounted .
| 3 | | An essential part which does not have affixed to it an | 4 | | identification
number as defined in Section 1-129 adopts the | 5 | | identification number of the
vehicle to which such part is | 6 | | affixed, installed or mounted.
| 7 | | An "essential part" does not include an engine, | 8 | | transmission, or a rear axle that is used in a glider kit. | 9 | | (Source: P.A. 99-748, eff. 8-5-16.)
| 10 | | (625 ILCS 5/6-201)
| 11 | | Sec. 6-201. Authority to cancel licenses and permits.
| 12 | | (a) The Secretary of State is authorized to cancel any | 13 | | license or permit
upon determining that the holder thereof:
| 14 | | 1. was not entitled to the issuance thereof hereunder; | 15 | | or
| 16 | | 2. failed to give the required or correct information | 17 | | in his
application; or
| 18 | | 3. failed to pay any fees, civil penalties owed to the | 19 | | Illinois Commerce
Commission, or taxes due under this Act | 20 | | and upon reasonable notice and demand;
or
| 21 | | 4. committed any fraud in the making of such | 22 | | application; or
| 23 | | 5. is ineligible therefor under the provisions of | 24 | | Section 6-103 of this
Act, as amended; or
| 25 | | 6. has refused or neglected to submit an alcohol, drug, |
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| 1 | | and
intoxicating compound evaluation or to
submit to | 2 | | examination or re-examination as required under this Act; | 3 | | or
| 4 | | 7. has been convicted of violating the Cannabis Control | 5 | | Act,
the
Illinois Controlled Substances Act, the | 6 | | Methamphetamine Control and Community Protection Act, or | 7 | | the Use of Intoxicating Compounds
Act while that individual | 8 | | was in actual physical
control of a motor vehicle. For | 9 | | purposes of this Section, any person placed on
probation | 10 | | under Section 10 of the Cannabis Control Act, Section 410 | 11 | | of the
Illinois Controlled Substances Act, or Section 70 of | 12 | | the Methamphetamine Control and Community Protection Act | 13 | | shall not be considered convicted. Any
person found guilty | 14 | | of this offense, while in actual physical control of a
| 15 | | motor vehicle, shall have an entry made in the court record | 16 | | by the
judge that this offense did occur while the person | 17 | | was in actual
physical control of a motor vehicle and order | 18 | | the clerk of the court to report
the violation to the | 19 | | Secretary of State as such. After the cancellation, the
| 20 | | Secretary of State shall not issue a new license or permit | 21 | | for a period of one
year after the date of cancellation. | 22 | | However, upon application, the Secretary
of State may, if | 23 | | satisfied that the person applying will not endanger the
| 24 | | public safety, or welfare, issue a restricted driving | 25 | | permit granting the
privilege of driving a motor vehicle | 26 | | between the petitioner's residence and
petitioner's place |
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| 1 | | of employment or within the scope of the petitioner's | 2 | | employment
related duties, or to allow transportation for
| 3 | | the petitioner or a household member of the petitioner's | 4 | | family for the receipt of
necessary medical care, or | 5 | | provide transportation for the petitioner to and from | 6 | | alcohol or drug remedial or
rehabilitative activity | 7 | | recommended by a licensed service provider, or for the | 8 | | petitioner to attend classes, as a student,
in an | 9 | | accredited educational institution. The petitioner must
| 10 | | demonstrate that no alternative means of transportation is | 11 | | reasonably
available; provided that the Secretary's | 12 | | discretion shall be limited to
cases where undue hardship, | 13 | | as defined by the rules of the Secretary of State, would | 14 | | result from a failure to issue such
restricted driving | 15 | | permit. In each case the Secretary of State may issue
such | 16 | | restricted driving permit for such period as he deems | 17 | | appropriate,
except that such permit shall expire within | 18 | | one year from the date of
issuance. A restricted driving | 19 | | permit issued hereunder shall be subject to
cancellation, | 20 | | revocation and suspension by the Secretary of State in like
| 21 | | manner and for like cause as a driver's license issued | 22 | | hereunder may be
cancelled, revoked or suspended; except | 23 | | that a conviction upon one or more
offenses against laws or | 24 | | ordinances regulating the movement of traffic
shall be | 25 | | deemed sufficient cause for the revocation, suspension or
| 26 | | cancellation of a restricted driving permit. The Secretary |
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| 1 | | of State may,
as a condition to the issuance of a | 2 | | restricted driving permit, require the
applicant to | 3 | | participate in a driver remedial or rehabilitative
| 4 | | program. In accordance with 49 C.F.R. 384, the Secretary of | 5 | | State may not issue a restricted driving permit for the | 6 | | operation of a commercial motor vehicle to a person holding | 7 | | a CDL whose driving privileges have been revoked, | 8 | | suspended, cancelled, or disqualified under this Code; or
| 9 | | 8. failed to submit a report as required by Section | 10 | | 6-116.5 of this
Code; or
| 11 | | 9. has been convicted of a sex offense as defined in | 12 | | the Sex Offender Registration Act. The driver's license | 13 | | shall remain cancelled until the driver registers as a sex | 14 | | offender as required by the Sex Offender Registration Act, | 15 | | proof of the registration is furnished to the Secretary of | 16 | | State and the sex offender provides proof of current | 17 | | address to the Secretary; or
| 18 | | 10. is ineligible for a license or permit under Section | 19 | | 6-107, 6-107.1, or
6-108 of this Code; or
| 20 | | 11. refused or neglected to appear at a Driver Services | 21 | | facility to have the license or permit corrected and a new | 22 | | license or permit issued or to present documentation for | 23 | | verification of identity; or
| 24 | | 12. failed to submit a medical examiner's certificate | 25 | | or medical variance as required by 49 C.F.R. 383.71 or | 26 | | submitted a fraudulent medical examiner's certificate or |
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| 1 | | medical variance; or | 2 | | 13. has had his or her medical examiner's certificate, | 3 | | medical variance, or both removed or rescinded by the | 4 | | Federal Motor Carrier Safety Administration; or | 5 | | 14. failed to self-certify as to the type of driving in | 6 | | which the CDL driver engages or expects to engage; or | 7 | | 15. has submitted acceptable documentation indicating | 8 | | out-of-state residency to the Secretary of State to be | 9 | | released from the requirement of showing proof of financial | 10 | | responsibility in this State; or | 11 | | 16. was convicted of fraud relating to the testing or | 12 | | issuance of a CDL or CLP, in which case only the CDL or CLP | 13 | | shall be cancelled. After cancellation, the Secretary | 14 | | shall not issue a CLP or CDL for a period of one year from | 15 | | the date of cancellation; or | 16 | | 17. has a special restricted license under subsection | 17 | | (g) of Section 6-113 of this Code and failed to submit the | 18 | | required annual vision specialist report that the special | 19 | | restricted license holder's vision has not changed; or | 20 | | 18. has a special restricted license under subsection | 21 | | (g) of Section 6-113 of this Code and was convicted or | 22 | | received court supervision for a violation of this Code | 23 | | that occurred during nighttime hours or was involved in a | 24 | | motor vehicle accident during nighttime hours in which the | 25 | | restricted license holder was at fault ; or . | 26 | | 19. has assisted an out-of-state resident in acquiring |
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| 1 | | an Illinois driver's license or identification card by | 2 | | providing or allowing the out-of-state resident to use his | 3 | | or her Illinois address of residence and is complicit in | 4 | | distributing and forwarding the Illinois driver's license | 5 | | or identification card to the out-of-state resident. | 6 | | (b) Upon such cancellation the licensee or permittee must | 7 | | surrender the
license or permit so cancelled to the Secretary | 8 | | of State.
| 9 | | (c) Except as provided in Sections 6-206.1 and 7-702.1,
the | 10 | | Secretary of State
shall have exclusive authority to grant, | 11 | | issue, deny, cancel, suspend and
revoke driving privileges, | 12 | | drivers' licenses and restricted driving permits.
| 13 | | (d) The Secretary of State may adopt rules to implement | 14 | | this Section.
| 15 | | (Source: P.A. 97-208, eff. 1-1-12; 97-229; eff. 7-28-11; | 16 | | 97-813, eff. 7-13-12; 97-835, eff. 7-20-12; 98-176 (see Section | 17 | | 10 of P.A. 98-722 and Section 10 of P.A. 99-414 for the | 18 | | effective date of changes made by P.A. 98-176); 98-178, eff. | 19 | | 1-1-14; 98-747, eff. 1-1-15; 98-756, eff. 7-16-14.)
| 20 | | (625 ILCS 5/6-401) (from Ch. 95 1/2, par. 6-401)
| 21 | | Sec. 6-401. Driver training schools-license required. | 22 | | (a) No person, firm,
association, partnership or | 23 | | corporation shall operate a
driver training school or engage in | 24 | | the business of giving instruction for
hire or for a fee in (1) | 25 | | the driving of motor vehicles; or (2) the preparation of
an |
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| 1 | | applicant for examination given by the Secretary of State for a | 2 | | drivers
license or permit, unless a license therefor has been | 3 | | issued by the
Secretary.
No public schools or educational | 4 | | institutions shall contract with entities
engaged in the | 5 | | business of giving instruction for hire or for a fee in the
| 6 | | driving
of motor vehicles for the preparation of an applicant | 7 | | for examination given
by the Secretary of State for a driver's | 8 | | license or permit, unless a license
therefor has been issued by | 9 | | the Secretary.
| 10 | | This subsection (a) Section shall not apply to (i) public | 11 | | schools or to educational
institutions in which driving | 12 | | instruction is part of the curriculum, (ii)
employers giving | 13 | | instruction to their employees, or (iii) schools that teach | 14 | | enhanced driving skills to licensed drivers as set forth in | 15 | | Article X of Chapter 6 of this Code.
| 16 | | (b) Any person, firm, association, partnership, or | 17 | | corporation that violates subsection (a) of this Section shall | 18 | | be guilty of a Class A misdemeanor for a first offense and a | 19 | | Class 4 felony for a second or subsequent offense. | 20 | | (Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10; 97-229, | 21 | | eff. 7-28-11.)
| 22 | | Section 99. Effective date. This Act takes effect upon | 23 | | becoming law.
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